Appeal No. 1996-3659
Application No. 08/237,484
sputtering or chemical vapor deposition among a limited number
of coating processes disclosed. See column 4, lines 36-54.
We find that Bals specifically discloses that molecular sieves
such as zeolites are deposited on the piezoelectric substrate.
The resulting zeolite coating clearly is porous (e.g. see
lines 16-19 in column 2 of Bals), and the appellants do not
specifically argue otherwise.
As to appellants’ arguments that Bals does not disclose
pulsed laser deposition for making porous films from zeolite
targets (see page 10 of the Brief), claim 10 is a product-by-
process claim wherein the determination of patentability is
based on the product itself. See In re Thorpe, 777 F.2d 695,
697, 227 USPQ 964, 966 (Fed. Cir. 1985). Accordingly, the
arguments raised by appellants noted above are not relevant to
the consideration of patentability of this claim.
Based upon the above considerations, we conclude that
Bals teaches each of the limitations required by the claimed
subject matter. Accordingly, we affirm the rejection of claim
10 over Bals.
DECISION
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